Ukrainian Customs cannot refuse to register vehicles
Question: How can it be proved that customs cannot refuse to register vehicles:
Answer of Inna Lishchyna:
“In accordance with Article 385 of the Customs Code of Ukraine expenses related to violations of customs regulations are repaid by a person in regard to whom an administrative penalty act was issued. In order to do so a representative of customs authorities and public officer that deals with the case is obligated to collect documents about losses and attach them to the materials of the case.
The amount of expenses that is to be recovered is to be defined in a court decision. But since such information was not provided by officials of Vinnytsya customs body, a court made the decision according to which a person was to bear only administrative liability in the form of a fine. So in this case demands of customs authorities to repay expenses for storage of seized vehicles under their control are illegal.
This position is upheld by the Supreme Court of Ukraine in Section 4 of the resolution number 8 of the Supreme Court of Ukraine dated 30.05.2008 “On amendments and additions to the resolution of the Supreme Court of Ukraine ”number 8 dated 03.06.2005 “On judicial practice in cases related to smuggling and violations of customs regulations”.
Electronic version of the article is available on the website of “Status. Ekonomicheskiye izvyestiya” magazine under the link http://statuspress.com.ua/conflict-of-interests/beregi-avtomobili.html.
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